Monthly Archives: November 2014

U.S. District Court in Pennsylvania Dismisses Owner’s Claim Against Performance Bond Surety – Repeated Instances of Poor Performance By Contractor Were Not So Material As to Allow Owner to Terminate Without Providing Cure Notice

Milton Reg’l Sewer Auth. v. Travelers Casualty & Surety Co., 2014 U.S. Dist. LEXIS 155419 (M.D. Pa. Nov. 3, 2014) The United States District Court for the Middle District of Pennsylvania ruled that multiple instances of incomplete and/or defective performance … Continue reading

Posted in Notice, Performance Bond, Termination

Ninth Circuit Enforces Waiver of Subrogation Clause in Design/Build Agreement Against Post-Construction Property Insurer

Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals.  Tourism and Sports Authority (the … Continue reading

Posted in Insurance, Subrogation

Mechanics Lien Law – 2014: The Owners Perspective

The Pennsylvania Mechanics Lien Law of 1963, after remaining essentially unchanged for 40 years, has been amended four times since 2006.  For a Pennsylvania Bar Institute Program held on November 6, 10, and 17, Kenneth I. Levin spoke concerning the … Continue reading

Posted in Liens